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lantern/moriarty claimform - old QQ debt.

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Oh ANDY thank you so much for this it will help me loads

 

thank you

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hi All. Well ive scoured now the site and looked at loads of witness statements but I cant seem to get my head arround what I need to do for my case. i am completey stresssed beyond all belief. I feel i cant do this im at a tottal los 😫

 

Id hapily pay some one to help me

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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We simply dont have time to spoon feed swt61...at least attempt and have a go and post it here for opinion.The starting point to drafting a statement is to have the claim particulars ...a copy of your initial defence.......and a copy if the claimant's statement if received in time before submitting yours.

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Good Morning all,

 

ok ive taken a day off work today to try and get this done hopefully I can finalise this today

defence 1.pdf WITNESS.pdf

 

all of my previous correspondance received from the claimants have been previously uploaded inc the cca that was the wrong one totally different agreement

 

hello again, do you think this witness statement better suits my needs

witness 2.pdf

 

Good evening anyone around to advise please 

 

I’m a bit confused as to no response has anyone actually seen my post 😩

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On 07/10/2019 at 21:07, Andyorch said:

Check with the court on the 17th Dec that the claimant has paid the hearing fee.....this is usually a good sign of how matters will proceed....if they have not paid the claim will be struck out ....demand it be struck out as per the Notice of Allocation.

 

Example Witness statement...the following is for a credit card not fixed loan as per your agreement...but it will give you an idea.

 

Witness statement Lob.pdf 137.51 kB · 9 downloads

 

Regards

 

Andy

no rush yet not due for 3 weeks

as per andyorch's information above

 

i'm sure we'll get time before then.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi thanks for a reply, yes I know I got a bit of time yet but it can be one thing I wipe off my list to do as I don’t get much time to be able to dou it. I can then just slowly prepare a file ready in plenty of time for the court

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The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.

 

Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.

 

However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..

 

Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9

 

Non-attendance of parties at a final hearing

27.9

(1) If a party who does not attend a final hearing–

(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;

(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and

(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,

the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.

(2) If a claimant does not –

(a) attend the hearing; and

(b) give the notice referred to in paragraph (1),

the court may strike out(GL) the claim.

So and if you do receive their statement it must include notice as per above.(CPR 27.9(1)

Andy


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Well time is fasy running out for my witness statement nothing off anyone else yet.

 

Can someone please now advise which of the statements I need to send to the court as I’m in work now until the 7th So no time left so really starting to panic now 

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Go with the one in post #100 but remove point 1 about hearsay evidence.....the claimant has yet to serve you their statement.

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We could do with some help from you.

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don't forget moriarty never turn up so should be a walk in the park.

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Yes I hope so mate I just need to make sure I do all my bit right

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Good morning all,

I will be putting everything together Tuesday to get to the court for Thursday, can I drop it into the court myself?

 

also I have to send the claimant a copy of my defence but do I send just my witness statement to them or all copies of everything I have ?

 

one of the things I have is an incorrect cca which they sent me which was not for this orig PDL they messed up and sent me a totally wrong one so ideally or give them advance notice of that,

 

thanks

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yes.

 

same you send to the court.

 

you cant hide things nor rely upon anything not in your WS ....in court

 

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Does the claimant have to receive this by the Same court date or just anytime as soon as I can before a hearing date?

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read the n157.

 

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok thanks got that now , same date so will send next day proof of posting. Do I need to include proof of previous posting labels for previous letters sent please?

 

thanks

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Only if you have referred to them in the statement as an exhibit.

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We could do with some help from you.

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Afternoon everyone, ok here is my final draft of my witness statement obviously every other document i have previuosly posted up on here will be attached,

 

I dont think I need to do another combine to show everything I have to show you ?

 

 

witness FINAL.pdf

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Nothing in there about CCA/CPR 31.14 requests or responses....and why what they have disclosed is not acceptable as a true copies as you phrase it? 


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Oh I thought I’d done that as in section 4 

 

I have to print and finalise this tomorrow and then get it to the court and post to dcs as I’m working away and can’t do it after that 😥

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4.Disclosures
The claimant has since complied and disclosed various documents however unable to comply with disclosing:
A True copy of the original CCA for the account showing how the defendant has reached the amount claimed for,
A True copy of the default notice/termination notice,
A True copy of the legal deed/notice of assignment showing the claimants legal right to take action.

 

Thats just a statement .....your opinion...now you have to convince the judge why they are not true copies and which legislation you will rely on.


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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🤔 well I’ll try my best otherwise it goes as it is, I have copies of the wrong stuff they sent me so if I can’t do it in time I’ll send what I got

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